You may be seated. Good morning, Your Honor. Good morning, Ron. This is the case of<i>
Clark v. Bailey.</i> Thank you, sir.
Good day, everyone. AUDIENCE: Good day. Mr. Clark,
you are suing the defendant
for a DNA test and $1,560 for damages you claim
she caused to your property because you deny paternity of her two-month-old
daughter V'Nique? Yes, Your Honor. You say today you will prove
you are not V'Nique's father? Yes, Your Honor. Miss Bailey,
you say you were on fire when Mr. Clark
left you for another woman while pregnant with his child? Yes, I was. JUDGE LAKE:
You are 100% certain he is your daughter's father? Yes, I am. Additionally,
you are counter-suing
Mr. Clark for $300 for half of V'Nique's
childcare expenses
over the last two months... Yes. ...is that correct? So, Mr. Clark,
tell me about the damages you are suing Miss Bailey for. Yes, she burned
all of my clothes. She came over there one day mad about me and her,
my baby, and I told her
the baby ain't mine. Acting like a fool,
Your Honor. Tryna get in the house,
argue with my lady. So wait a minute.
She comes over
your house with clothes... ROBERT: Yes. ...of yours? Yes. Then burns them? Then burns them. At your house? At my house. JUDGE LAKE: Do you have
evidence of that? Yes, ma'am. Ron, can you hand me... Yes, ma'am. ...Mr. Clark's evidence,
please? So, she comes
to your house... Thank you. ...with the clothes
and then burns the clothes
at your house? ROBERT: Yes, ma'am. JUDGE LAKE: And this is
the list of the items
that she came over with? Yes, ma'am. "Jeans. Sneakers. "Shirts. Socks. Hats." And this is a picture
of the fire she set. ROBERT:<i> Yes, ma'am.</i> JUDGE LAKE:<i> You have
a combined total of $1,560,</i> is that about correct? ROBERT: Yes, ma'am. Ms. Bailey, did you
set that fire to his clothes? Yes, I did, Your Honor.
I really did. (LAUGHTER) Because I was mad... I was seven months pregnant
at the time. He left me and shacked up
with a another girl, and I was emotional... I was mad at the time. I didn't shack up. And so I was like,
you know what,
to relieve all this, I have all his clothes
in my closet still. So, I was like...
I put all his clothes
in my car, I went to the gas station,
got a water bottle of gas... Yeah... ...and I went to his house... Yeah. ...put the clothes
in the front yard, poured the gasoline on 'em
and I burned them and I was relieved. (WOMAN LAUGHS) What are you doing
playing with gasoline... I was... ...and fire when
you're seven months pregnant? I was so mad. Because he...
I was emotionally... He left me.
Like, he really left me. I know... I know...
You know how I feel, you know,
to be seven months pregnant? Emotional, crying... Well, I don't know how it feels
to be seven months pregnant
and someone leave me, but do know how you feel
as seven months pregnant. Yes. And, so I was very mad. But at this point
in your relationship, was he denying
he was the father? He didn't start denying her
until she was born <i> and they both
came to the hospital in his...</i> So, wait a minute,
why were you so mad
if he wasn't denying her when you were
seven months pregnant? Because I was
seven months pregnant and I was just so mad
that he left me. Like, "You literally left me
at seven months pregnant, "why didn't
you leave me after..." So bottom line is, he left you
to be with another woman... Yeah. ...and you
seven months pregnant? ROBERT: Your Honor. Yes. JUDGE LAKE:
And you were just so hurt... Yes, that he left me. ROBERT: Your Honor...
She cheated. Yes, I... First of all... JUDGE LAKE: Wait a minute.
Let me get one fact at a time. You mad at him
because he went to be
with somebody else, but he's testifying
that you cheated... I cheated because he say he didn't want a girl
that parties a lot. So he left and I cheated. Yes, I did. (AUDIENCE CHUCKLES) But I don't think
that's cheating.
You left. So, I had sex
with someone else. One day
after my cousin wedding? Come on now. Get real. Yeah. So you all were together,
you all got into an argument, you said you really
didn't want to be with
a girl that parties a lot. Yeah. JUDGE LAKE:
So you said it's over? Yeah, I told her it's over.
The second... So that's cheating?
I don't call that cheating. The same night I left. Mmm-hmm. I came back the next day. (LAUGHTER) You know what I'm saying? But by that time,
it was too late. It was... It was too late.
Yes, it was. Were you all
boyfriend and girlfriend, committed, just dating? VIRGINIA: Yes. Boyfriend and girlfriend
at first. In the beginning... And during this relationship,
like, he started
growing a big... Like, it was a big tumor
on the side of his neck and so we went
to the hospital,
he found out he had cancer. From there, he got admitted
to the hospital <i> and he started
his chemo sessions
and everything,</i> <i> but before then...</i> And you all were together
when this happened? Yes, they said,
"Are you guys interested
in having children?" And we both like,
"Yeah, you know..." And they was like,
"Well, there's 80% chance "that he can't have children
during his chemo." So you know
I can't have kids? And... But there's... There's still
that 20% that he can. Come on now. And so they was like,
"Do you all have $500 "to, you know, get his sperm
and we can inject you
or whatever, "to, you know, have a child"? We didn't have the money
at the time, so... I'd normally come on, like,
at the end of the month,
but I didn't. So you missed your cycle. VIRGINIA: Yes. Okay. My cousin moved in with us
middle or the end of May,
and she was pregnant. So I started taking
her prenatal pills to enhance the pregnancy.
You know... I knew we couldn't
have children,
but there's still that 20%. Um... Now did you all
talk about this? Like, now that
this is happening,
I want to try to have a baby or you just decide
I'm gonna take prenatal pills? She didn't tell me nothing. She didn't tell me
she was taking pills until after
the baby was born. <i> I went to the doctor with her,
who said she was pregnant.</i> I said,
"Now, who you be messing with?
'Cause I'm not the daddy." It's a 80% chance,
Your Honor. But there's 20...
They said... No, no, no. You had you turn.
It's my turn. It's a 80% chance,
Your Honor... There's still that 20%. ...where I can have kids. That other 20%
that she's taking about... They didn't say 100. They said 80. The other 20% that
she's talking about, it's the 20% dude
that she was messing with. So you know
she was with someone else. Yes. But we wore...
We wore protection. She told me. She told me. So there's no... So... I'm 100% sure... She said... ...that he's the father
of V'Nique. ...they wore protection,
but right now, she said, but the condom
did slipped off. (AUDIENCE EXCLAIMS) So come on now. Did you admit
that the condom
came off, Miss Bailey? Uh, no. ROBERT: Oh, yes, you did. Come on now.
You don't have to stop. He... He...
He wore protection,
but it did not come of at all. So that's not true. That's not true. Mr. Clark, your doubt
stems from the fact that as you're
undergoing chemotherapy... Mmm-hmm. ...you've been informed
by your doctors... Mmm-hmm. ...that this would
affect your ability, possibly... Yes. ...and that's why
they suggested to you to freeze some of your sperm. Mmm-hmm. Because they knew
that there was
a chance that this... This treatment could affect your chances
of having children. ROBERT:<i> Yes, ma'am.</i> <i> And you proceeded</i> <i> with your treatment.</i> <i> Yes, ma'am.</i> And how much longer
after that time did Miss Bailey tell you
she was pregnant? Eight months to a year
after that time.
We went up there... They said she was pregnant. I said,
"Now, who you messing with?" Because had gone through... 'Cause I know... ...multiple rounds
of chemotherapy at that point Yes, ma'am. And in your mind,
you were thinking, after I'm completing
this program, she's saying you're pregnant,
so you're very doubtful. I'm very doubtful. Very doubtful. I'm sickly,
hands turning black... Well, he wasn't doubtful
until, like, after I had her and his girlfriend was like,
"I still don't... "I don't think
that baby's yours." You felt like
he was happy about it? VIRGINIA: He was happy. JUDGE LAKE: He was? And I was, too,
very emotional, because I... <i> You know, from that point,
I was like,
"Well, he can't have children.</i> "There was 80% chance
that he can have..." So you're thinking
this 20% miracle
has come to pass. Yes. Yes, V'Nique
is a miracle baby. We really wanted
to understand, medically... ROBERT: Uh-huh. ...how this works, and so the court
would like to call a witness. Ron, could you please escort,
uh, Dr. Jackie Walters into the courtroom? Yes, Your Honor. I'd like to ask her
some questions, please. Right up the stairs. Dr. Jackie, you are
a Board Certified OB/GYN. Correct. Mr. Clark had to undergo
several rounds of chemotherapy as part of treatment. Mmm-hmm. Uh, and during that time,
Miss Bailey announced
she was pregnant. They were told
by their doctors that there was
an 80% chance... 80% chance. ...that this would
negatively affect his
ability to have children. What are the actual
statistics on losing sperm cells
while undergoing
chemotherapy treatments? It depends on
the type of chemo, the dose,
the age of the patient. However, if you ask
for general statistics,
it is about 77%. How old were you
at the time you were receiving
the treatment, Mr. Clark? I started
receiving the treatment
at the age of 26. So at 26 years old,
would he be considered in the younger part
of the spectrum? Yes. JUDGE LAKE: And that would
then better his chances? JACKIE: Yes. Hello! As you can see,
Miss Bailey is focused on that 20% chance. Well, I'm just going by
what the doctor told me. Unfortunately,
it only take one sperm,
and, so... JUDGE LAKE:
We say that all the time
in this courtroom. Correct. Thank you. And medicine
is not an absolute science.
80% sounds like a lot. It's still that 20%. So the truth is,
we don't know. Without a semen analysis, there's no true way of us
really giving him
any statistics. With a semen analysis,
if he had a sperm count of at least 20 million
per ejaculate, then that's all it
really takes. ROBERT: That don't change
the cheating. No, Mr. Clarke, that does not. VIRGINIA: I mean, I... That does not...
Hold on now. 'Cause I know you
got 20/20 vision, all you can say is 20.
I get that. (LAUGHTER) I get that, but I do wanna
hear from Mr. Clark, because he says you were also
intimate with someone else... Yes, I was. ...and there may have
been issue
with the protection, and that is relevant testimony
as well. So, Mr. Clark,
please, tell the court, how do you know
she cheated? The first time she cheated,
I caught her. AUDIENCE: Oh. JUDGE LAKE: You caught her? We were broke up. How long? We wasn't broke up,
so I went in her... Tried to get in the door,
I had a key. Tried to get in her door,
and she's tryin' to
hold the door back, so I pushed it in,
a dude is on the couch. It's all... Me, I was like... We broke up. ROBERT: "Just get my clothes,
I'm goin.'" JUDGE LAKE:
Had you been intimate? VIRGINIA: Yes. You had?
And you admit to that? Yes. JUDGE LAKE:
Had you used protection? No. No. And I still took her back, like a fool. So at that point, you tried
to come back together, it didn't happen.
I see smiles. VIRGINIA: Yeah, my baby. JUDGE LAKE: Beautiful, right? VIRGINIA: Yes. JUDGE LAKE:
That's why we're here. Brings you to tears
when you see your baby? VIRGINIA: Yes. JUDGE LAKE: Why? Isn't he the father? She needs a father.
I didn't have a father. And you really
want that for her? VIRGINIA: Yes. JUDGE LAKE: I want you take me
to the birth. So much has gone on
between the two of you. He was there, he cut the
umbilical cord and everything. JUDGE LAKE: Really? Yes. But after she got in his ear,
it was like... JUDGE LAKE: So you were
present for the birth,
Mr. Clark? ROBERT: Yeah, I was there.
She was, too. JUDGE LAKE: Really?
Did you sign
the birth certificate? No, I was gonna
sign that birth certificate if she gave the baby
my grandma name
and my last name. Really? Do you have
this birth certificate? ROBERT: Yeah,
I got right here, Your Honor. JUDGE LAKE:
"V'Nique Ky'asia
Elaine Clark." ROBERT:
My grandma name, Elaine. VIRGINIA: Elaine. Yes. My grandma just passed. And she's going
to give the baby
my grandma name. You all agree to that? ROBERT: No. I did. I just say, well... I think she's 100% yours,
so I'mma give her
your last name. When you speak
and you testify,
Ms. Bailey, you have said
over and over again that some of his actions
are result of his
new relationship. VIRGINIA: Uh-huh. This don't have
nothing to do with her. You know what I'm saying? I guess she was like,
"No, you can't go back
over and see your child "until you find out
the child is yours." My reasons is my reasons. I'd like to hear
from your witness.
Ma'am, please stand. State your name
for the record. My name is Teairra Hudson. JUDGE LAKE: Miss Hudson,
you are Mr. Clark's
current girlfriend? Yes. What happened at the hospital?
You were there. She told the nurse
to give me the baby. Out of all people. Do she look like him
or do she not? This is getting
even more interesting. He asked me right there
in front of his ID, I think this is my baby. And I told him,
"Listen, no, I don't believe
she's your baby." JUDGE LAKE: As soon as
this baby is born,
fresh into the world, that's the first thing
you all doing, staring
at the baby's features? BOTH: Yes. They're in denial. Well, I just think that's sad. That's where I'm going... (OVERLAPPING CHATTER) Calm it down. So, Mr. Clark, you actually
submitted a baby photo? Of yourself? Of myself. Yes. Yes. So when you look
at that photo... ROBERT: Uh-huh. ...that's you on the left
as the baby... VIRGINIA:
You still don't see it. ...and then... She look like you. That's V'Nique on the right. VIRGINIA: Yes. You don't see
any resemblance? ROBERT: No. VIRGINIA: I do. JUDGE LAKE: I've been
in this seat a million times. Child looks just like
the baby picture of someone and turn out
not to be theirs. But when you
see these pictures, you just don't see
any similarity? ROBERT: From the lips... Look, the lips, the nose, the eyes, the head,
everything. She look just like me.
She don't have nothing to me. This is the situation
we get ourselves in
when we make a mess. VIRGINIA: Yes. Right? So moving forward, you all decide you not gonna
do anything for this child? VIRGINIA: Nothin'.
Heaven did nothin.' She's not mine in my eye. I just don't understand
why he stayed. ROBERT: I stayed
'cause I loved you. Let's move forward. VIRGINIA: Okay. You've submitted receipts
to the court... VIRGINIA: Yes. ...of the expenses you've
incurred thus far, as it relates to baby V'Nique? VIRGINIA: Yes. You've spent about $50 a week
on diapers, formula and wipes. Yes. Totaling about $600. I brought her
everything she needs. Everything you've
paid for yourself? Yes. And Mr. Clark, you admittedly
have not contributed anything? No, ma'am. And that's why
your counter-suit is for $300,
which is half of $600. Yes. Which if he is determined to be the biological father
of this child, he would be
legally responsible to pay. Well, I cannot rule on this
until I have the results. Okay. Before I go to the results, let's first talk about
his lawsuit. Mr. Clark, you came in suing
for $1,560 for damages you say she caused
to your property, your clothing
that she had burned? ROBERT: Yes, ma'am. JUDGE LAKE: Miss. Bailey,
you admitting
here in court today, that you did it. I did it. JUDGE LAKE: You did it. And I was so relieved
when I did it. Listen. Listen,
I know you were hurt. VIRGINIA: Yes. Very. I know. And that will break you down. It did. And it will cause you
to do some things that you should not do. Yes. And it will cause you
to do illegal things... And I did. ...that under the law, you cannot do. I was so hurt. I know. 'Cause all you wanted to do, was hurt him the way
he hurt you. So, because you willfully
destroyed his property, I have to award him the $1,560 from his clothing
that you destroyed. Judgment for the plaintiff. Moving forward, I think we are
ready for the results. She can't burn
no clothes no more. JUDGE LAKE: You all done? VIRGINIA: Yes. Lot of unfinished
business here. I hope you takin' note,
Ms. Hudson. TEAIRRA: I am. You're quiet over there. Just poke, poke, poke, poke,
both of you, back and forth, you can't even
get the results. Are you ready for the results? VIRGINIA: Yes. JUDGE LAKE: Ron, I'm ready. These results were prepared
by DNA diagnostics, and they read as follows... "In the case of<i>
Clark v. Bailey,</i> "when it comes to
three-month-old
V'Nique Clark..." It had been determined
by this court... Mr. Clark,
you are not the father. (SOBS) I wanted him
to be the father. I wanted him
to be there for her. She looks just like you.
(SOBS) Sometimes, you just
want something to be true so desperately,
that we make it so. Ms. Bailey, do you know
who V'Nique's father is? Yes, I only had sex
with only one person
during this process. Do you know where he is? He's incarcerated. (SOBS) (SIGHS) Mr. Clark,
you've through a lot
these last couple of years. Not just with respect
to the paternity, but with respect
to your own health. Yes, ma'am. She almost had me believin'.
Honestly. But I felt...
I felt she wasn't mine. I can see in your eyes,
you had convinced yourself. There was still that 20%
chance that she might be his,
and she's not. But in this present moment,
you have to understand, that he doesn't
have a legal obligation. VIRGINIA: Right. And also because it has been
determined by this court that he is not V'Nique's
biological father, your claim for $300 for half
of the childcare expenses, I must dismiss. Yes. JUDGE LAKE: I'm being
straight up with you. You got to put the
big girl panties on. You got a beautiful
little baby girl
that's counting on you. All right, I have counseling
available for all of you. I know this has
been difficult. I want you
to take advantage of it. I wish you all
the very best of luck. Court is adjourned.
